Legal Opinion

Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Santa Fe Trail Transport Company

Court of Appeals for the Tenth Circuit

Decided October 23, 1974No. 74-1049PublishedCited by 54 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

The Occupational Safety and Health Review Commission held that a regulation promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., was unenforceably vague. As permitted by the Act, the Secretary seeks review of the Commission order. See 29 U.S.C. § 660(b). We reverse.

After a routine inspection, the Secretary cited the employer, respondent Santa Fe Trail Transport Company, for a nonserious violation of 29 U.S.C. § 654 (a)(2). The charge was violation of a regulation, 29 CFR § 1910.151(b), which requires…

2Cases cited16 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Connally v. General Construction Co.Supreme Court of the United States · 1926
  4. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  5. Cox v. LouisianaSupreme Court of the United States · 1965

11 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. Diallo v. GonzalesCourt of Appeals for the Tenth Circuit · 2006
  2. John H. Baer, Individually and D/B/A Liberty Guns v. The City of WauwatosaCourt of Appeals for the Seventh Circuit · 1983
  3. Exxon Corp. v. BusbeeCourt of Appeals for the Fifth Circuit · 1981
  4. Textile Workers Pension Fund v. Standard Dye & Finishing Co.Court of Appeals for the Second Circuit · 1984
  5. Longview Refining Co. v. ShoreTemporary Emergency Court of Appeals · 1977

49 more not listed; retrieve them via the Exa API.

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